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Millar v Rooney & Ors [2006] NIQB 7 (19 January 2006)

Northern Ireland: First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a compe......

Miller v Garton Shires (a firm) [2006] EWCA Civ 1386 (25 October 2006)

There was no principle or practice that the court could not summarily dismiss a claim where there was untested paper evidence supporting it. ......

Miller v Garton Shires (a firm) [2006] EWCA Civ 1386 (25 October 2006)

Summary Judgment. The Claimant instructed two firms of solicitors in succession. Both failed to issue proceedings within the relevant time period for personal injuries arising out of a near fatal road traffic accident. It was appropriate despite the possible dispute of fact in respect of the caus......

Miller v Hales & Ors, High Ct, 17/7/2006

The court determined liability for costs following a claim in which each party had won on one of the two key issues, but where the claimant was successful overall on a point raised only shortly before the trial began. ......

Miller v Rooney & ors (Deeny J, H Ct NI [2006] NIQB 7

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

Miller v Rooney & ors (Deeny J, H Ct NI [2006] NIQB 7

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

Miller v Rooney & ors (Deeny J, H Ct NI [2006] NIQB 7 (Date Uncertain)

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent c......

Milton v Crown Prosecution Service [2007] EWHC 532 (Admin) (16 March 2007)

Dangerous Driving. Whilst the test under the Road Traffic Act 1988 s.2A(3) for determining whether a driver had been driving dangerously was primarily an objective test, circumstances relevant to dangerousness that were favourable to the driver such as his special driving skills or adverse circum......

Minio-Paluello v. Commissioner of Police of the Metropolis, QBD, 16/12/11

Protestor Successful In Recovering Damages For Assault By Police Officer In The Course Of A Demonstration:-Eder J held that the Claimant protestor, who sustained a fractured arm during a pro-Palenstinian demonstration following restraint by a police officer, was entitled to recover damages from the......

Ministry of Defence v Radclyffe [2009] EWCA Civ 635 (30 June 2009)

Ministry of Defence Vicariously Liable for Actions of Army Captain:The Court of Appeal held that the Ministry of Defence were vicariously liable for the actions of an Army Captain, even in an off-duty situation where he had allowed two soldiers to jump from a bridge into a lake, one of whom had bee......

Ministry of Defence v. AB & Ors, CA, 22/11/10

All But One Lead Personal Injury Claims By Atomic Veterans Were Statute Barred:The Court of Appeal held that all but one lead claims by Atomic Veterans for personal injuries alleged to have been caused by nuclear testing carried out in the Pacific region in the 1960s by the British Government were ......

Mitchell & Anr v Great Lakes Reinsurance (UK) plc [2013] CSOH 14 - 25th January 2013

Executors sought payment under a personal accident insurance policy underwritten by the defenders who were obliged to pay if injuries caused by an accident were the 'sole cause' of death. The deceased was admitted to hospital after being involved in a road traffic accident where he develope......

Mitchell (AP) and another (AP) (Original Respondents and Cross-appellants) v Glasgow City Council (Original Appellants and Cross-respondents) (Scotland), [2009] UKHL 11

In July 2001 Mr Mitchell was violently assaulted by his neighbour Mr Drummond and died from his injuries. Both Mr Mitchell and Mr Drummond were tenants of Glasgow City Council and the latter's propensity for violence and anti-social behaviour towards, in particular, Mr Mitchell, were well-documente......

Mitsui Sumitomo Insurance Co (Europe) Ltd & Anor v The Mayor's Office for Policing and Crime [2013] EWHC 2734 (Comm) - 12/09/13

Insurers and owners sought compensation under the Riot (Damages) Act 1886 for losses incurred during the looting and destruction of the Sony distribution warehouse in London during the August 2011 riots. The issues: the meaning of 'persons riotously and tumultuously assembled together' in s......

Mohammed Ameen Mirza v Mrs Fozi Aslam or Salim and Mssrs Mellicks - [2013] CSOH 73-16 May 2013

M is owner of shop and yard and S is his long lease tenant. M built a new shop in the yard. The yard was not occupied by S but considered by S to be to be part of her lease. S obtains an interim interdict against M entering the yard and the new shop in it on the basis of her lease document appe......

Mohammed v The General Medical Council (Admin) 21/11/07

Professional Conduct: The medical practitioner had previously been registered as a doctor with the Irish Medical Council where he had been requested to prepare a medical report. He agreed to do so and accepted payment. No report was prepared. The medical practitioner did not respond to the complai......

Moira Brown v. Lakeland Ltd, [2012] CSOH 105, 15 June 2012

Outer House case concerning an alleged breach of duty under the Occupiers' Liability (Scotland) Act 1960 at Lakeland's store on Hanover Street in Edinburgh. Miss Brown argued that a two-fold failure by Lakeland to install a handrail and to signpost an existing alternative exit on George Street ......

Moira King v. Quarriers [2006] CSOH 156

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment she received there. The defenders plead that the action was time barred under section 17 of the Prescriptio......

Moira King v. Quarriers [2006] CSOH 156

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment she received there. The defenders plead that the action was time barred under section 17 of the Prescriptio......

Monk v. PC Harrington Ltd, QBD, 31/7/08

Man who Assisted at Accident Scene not a Primary Victim: G Leggatt QC held that the Claimant who had provided assistance to victims of a construction accident was not a primary victim. Although the Claimant had provided significant help to the injured men that was neither peripheral or trivial, and......

Montgomery Steven v Direct Line Insurance plc ? Edinburgh Sheriff Court, 14 December, 2007

Reparation - Damages - Solatium - Minor Injuries to upper back, neck, chest and shoulder; anxiety when driving The Pursuer sought damages for injuries he suffered as a result of a road traffic accident in November, 2005. His stationary vehicle was struck from behind by a vehicle for which the D......

Montgomery v Brown [2011] EWHC 875 (QB) 08/04/2011

The applicant applied for the committal of the respondent for contempt of court on the basis that he had advanced a dishonest claim for which he had been awarded damages for personal injury following an RTA. After the claim was settled documents were discovered which suggested that the Claimant had......

Montracon Ltd v Whalley [2005] EWCA Civ 1383 (21 November 2005)

Interpretation of ambiguous expert evidence: If what a witness had said was ambiguous or its interpretation was in doubt, it was for the judge to decide upon the correct interpretation. In a claim for damages for hand arm vibration syndrome the judge had been justified in interpreting the Claimant'......

Moon v Garrett & Ors [2006] EWCA Civ 1121 (28 July 2006)

The trial judge had correctly exercised his discretion in directing a Sanderson order against the unsuccessful party who, in defending the claim, had sought to blame the claimant's employer. ......

Moore v Secretary of State for Transport Motor Insurers Bureau [2007] EWHC 879 (QB) (20 April 2007)

Accrual of cause of action for Francovich damages. In a claim for Francovich damages based on defective implementation of a Directive, the cause of action accrued on the date the Claimant was injured by an untraceable driver, since it was then that he was disadvantaged by the defects he alleged, r......

Moore v. Hotelplan (T/A Inghams Travel) & Anor, CA, 29/10/09

Judge Wrong to Refuse Permission to Third Party To Be Joined As Party To Personal Injury Proceedings:The Court of Appeal held that the Judge had erred in refusing a third party's application to be joined as party to the Claimant's personal injury claim against the Defendant and ordering a split tri......

Morag Jean Holtes v. Aberdeenshire Council [2006] CSOH 134

In this action the pursuer sued Aberdeenshire Council in respect of injuries she received whilst at work on 1 May 2003. The pursuer was employed as a project officer within the Criminal Justice Team of the Social Work Department of Aberdeenshire Council and was responsible for administering the com......

Morag Lawson v The Broomfield Holiday Park A134/03

The pursuer sought reparation for injuries sustained by her in an accident at the defenders' premises. She alleged that whilst walking along a private road within the site she tripped and fell over a speed hump on that road. She averred that an accident of this nature at this location was reasonabl......

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